NOTARIAL DIVORCE
Marriage contracted abroad between a Spanish citizen and a foreign national. The couple’s last family residence was in Spain, and the Spanish spouse resides here. Is it possible to divorce by mutual agreement through powers of attorney before a notary? The judicial authorities of Spain have jurisdiction over the divorce. This is established by Brussels […]
JURISDICTION IN CASE OF DIVORCE BETWEEN A SPANISH AND A SCOTTISH CITIZEN
Can a divorce petition be processed in Spain for a marriage contracted in Scotland, where one spouse resides in Scotland and the other in Spain? Article 107 of the Spanish Civil Code establishes that divorce will be governed by the rules of the European Union or Spanish private international law. Article 22 quater of the […]
JURISDICTION IN CASE OF DIVORCE FOR DANISH CITIZENS IN SPAIN
A married couple of Danish nationality, married in Denmark and residing in Spain for several years, decides to divorce. What law applies to the divorce and, specifically, to the division of marital property? International judicial competence falls to the Spanish courts to hear the divorce and, if applicable, the liquidation of the matrimonial property regime, […]
PURCHASE OF OFF-PLAN PROPERTIES
Index: Legal searches Bank guarantee or insurance to protect your payments Reservation agreement Purchase agreement Additional documentation before notarization Recover your payments Legal searches When buying an off-plan property, it is very important to carry out the necessary legal searches to protect your investment.Keep a copy of all documentation included in the offer, promotion, and […]
ABUSIVE CLAUSES IN SALES WITH MORTGAGE SUBROGATION
In cases of a property sale with mortgage subrogation, is it possible to claim the mortgage setup expenses? Answer: The Spanish Supreme Court, on January 23, 2019, issued several rulings declaring the mortgage expense clause abusive in loans related to property sales. These rulings did not cover sales involving mortgage subrogation. However, there are court […]
ABUSIVE CLAUSES. LIMITATIONS PERIOD
ABUSIVE CLAUSES: FLOOR CLAUSE AND EXPENSES Is it possible to request the reimbursement of mortgage-related expenses and the annulment of a floor clause in mortgages that were canceled more than 5 years ago? If so, can the request include a demand for the bank to reissue the amortization schedule without the floor clause? Answer: Regarding […]
MORTGAGE FORECLOSURE: DISPROPORTIONATE PROPERTY APPRAISAL AND ABUSIVE CLAUSE
Following the reform of Article 682 of the Spanish Civil Procedure Act (LEC), financial institutions are no longer allowed to directly appraise the mortgaged properties. They must use independent appraisal companies, which ensures a more objective valuation. Effects of this reform: Prevents financial institutions from manipulating property valuations to increase the loan amount. Protects mortgage […]
ABUSIVE CLAUSES IN MORTGAGE CONTRACTS
Summary of the most common types: 1. Clauses that undermine the consumer’s autonomy These clauses annul the consumer’s will and are regulated under Article 85 of the TRLGDCU. Examples include: Excessively long or indefinite terms. Automatic contract renewal if the consumer does not object. Unilateral interpretation or modification of the contract by the business. Early […]
ABUSIVE CLAUSES: IRPH
The IRPH (Mortgage Loan Reference Index) is an index used in Spain to calculate the interest on mortgage loans for more than three years for purchasing free-market housing. Unlike the Euribor, the IRPH is usually higher (between 1.5% and 3% more) and its decreases are slower, which can make mortgages more expensive. Calculation of IRPH […]
MORTGAGE EXPENSES PAYMENT CLAUSE
The mortgage expenses clause is a provision included in loans secured by a mortgage, which establishes that all costs arising from the formalization of the loan will be borne exclusively by the borrower. These costs include preliminary studies, property appraisal, notary fees, registration in the Land Registry, and payment of the Transfer Tax and Stamp […]
